MONTGOMERY COUNTY. 961

sioners for alteration, correction or amendment. All persons
so appealing, or against whom such appeal is taken, shall have
the right to a trial by jury of all issues of fact involved in
such appeal as fully and in the same manner as though the
case had originated in the said court.

177T. The said County Commissioners shall have the power
to issue subpoenas for witnesses, and the president thereof
shall have power to administer the oath to any witness who
may be examined before the said Commissioners, said oath to
have all the qualities of an oath taken before any other judicial
tribunal or officers, and violations thereof to be punishable as
other perjuries are punishable, and the said Commissioners
shall have full power to give judgment in any hearing before
it as to costs, which judgment shall be enforceable in the same
manner as other judgments for costs rendered by competent
tribunals.

177u. Said Commissioners shall have the power to require
all notices provided by this sub-title to be given, or which it
may be necessary to give in the course of any of its proceed-
ings, to be served by any of the Constables of Montgomery
county, and to allow the sum of forty cents and no more for the
service of every such notice; and any Constable failing to
serve any such notice or making any false return as to such
service, shall be punishable as for other similar violation^ of
duties required by law to be performed by him.

177v. No franchise or right in relation to any highway,
avenue, street, lane or alley, either on, above or below the sur-
face of the same, shall be granted by the County Commission-
ers of Montgomery county, until the following provisions shall
have been complied with: (1) The application for such fran-
chise or right shall be published by the applicant once a week
for three successive weeks in two newspapers published in
Montgomery county and having general circulation, setting
forth the location, character and extent of the franchise sought;
(2) Upon the first publication of said notice it shall be the
duty of the County Commissioners of Montgomery county to
make diligent inquiry as to the money value of the franchise or
right asked to be granted, and the adequacy of the compensa-
tion proposed to be paid therefor; (3) If any objection is made
to the granting of the franchise asked by any person or persons
interested therein, either as taxpayers or having property
rights involved, and filed in writing with the clerk to the board,
before the expiration of said notice, oppurtunity shall be
granted and a time set for the hearing of such objections.

177w. If no valid objections is made to the granting of such
franchise and it appears to the said board that the granting